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Never Ending False Copyright Infringements Against My ASIN!

by Seller_M4SJe4WOqHwsV

Greetings! I have been selling a product since January and all has been well. Fast forward 8 month and the category is now saturated with Chinese sellers! Over the last 30 days, I have received 3 copyright infringements against my product, each time resulting in the product going down. Luckily, we have now tailored our POA to get us back up within 1-2 days, but we just had two back to back take downs within 2 days of each other for copyright. Amazon provides the complaint and its the same person saying the same thing “They have infringed on our product blah blah blah…”. They will make a new ASIN, copy our listing content, then report us from that seller account and then delete their ASIN. Then do it again with another seller account.

What should we do? We can’t discontinue the product as its our only source of revenue right now while we try to diversify into other non saturated categories. We do not have an account rep (like that would help) and seller support/brand registry can’t help with this issue. Amazon wants nothing to do with it and will immediately take the product down to protect themselves without even investigating the issue. We understand that. I am open to all proactive suggestions that don’t start with “this is what you get for selling…”

Tags: ASIN, Listings
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Seller_olet7eVOHxQZd
In reply to: Seller_M4SJe4WOqHwsV's post

I would get a lawyer involved and take the other seller to court. They are damaging your business.

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Seller_3N7yVnTXPzLkL
In reply to: Seller_M4SJe4WOqHwsV's post

Count on me to spout doom and gloom based on no more evidence then your forum ID.

If you are selling items based on a meme which are easy to reproduced, like t-shirts, you will be infringed immediately, and accused of infringing on the rights of others, if you sell on the Internet.

Legal action will probably be futile and expensive. More expensive than visiting an arcade to play Whack-A-Mole, a lot more and about as productive an exercise.

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Seller_pgUfQerIqG1aC
In reply to: Seller_M4SJe4WOqHwsV's post

If the product is truly worth it i would compel something to send to amazon. It does sound like thats the only option. It is sad that this is what it has to come to but this is the world we live in today.

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Seller_QU6zWx8ibcr4s
In reply to: Seller_M4SJe4WOqHwsV's post

Amazons system is built to just take the product down and not risk anything. Unfortunately, they don’t care all that much about you or me. It is a shame when ones entire lively-hood could rely on a single product. I feel your pain.

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Seller_3N7yVnTXPzLkL
In reply to: Seller_M4SJe4WOqHwsV's post

Registering your copyright makes it easier to convince Amazon to ignore these false claims.

Properly filing a DCMA response also helps (there is a tread in this forum on DCMA responses).

Selling a product which can not easily be copied with minimal sophistication and investment is the biggest defense. As is selling in a place which does not make it easy for copycats to find your products.

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Seller_7HmshVVVZTsKf
In reply to: Seller_M4SJe4WOqHwsV's post

DCMA counterclaim. You will have it on file.

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Seller_CW0P5hgbsiqWX
In reply to: Seller_M4SJe4WOqHwsV's post

The process in broken. Here is an example of our unsuccessful appeal.

We own retail stores, and have many accounts with manufacturers and most of our accounts have a company Rep that handles our account. When receiving an Infringement on one of the products we sell, I talked to our Rep about the infringement. They knew nothing of the claim or the person who’s name was on the Amazon email. So we looked deeper into the name Amazon supplied as the contact person. And…. This is what we found.

Looking up the name and business on contact line, we found a one page add for their “so called” law firm. Their specialty is resolving infringement claims at Amazon. So we contacted them. For $1000 sent by money order or Western Union, they will provide what Amazon needs, and for an additional $500 they will fix everything with the manufacturer. When I asked if they needed my company account number and company’s Rep name, they said no, they have it on file. So I asked they to tell it to me, After all it was right in front of them and they said they would AFTER I paid the Correction fees. They asked what item this was in reference to, and I gave them a WRONG ASIN number, and they had it right there. It is a scan for sure. Then I said my company Rep looked into this situation and said it was falsely made, you said you have his name, right? He hung up the phone.

Now, things get worse. I send all my documentation to Amazon for the product involved. and Amazon responds, that is not good enough, the retraction has to come from the Law Firm who made the claim, Which, of course, is the ACTUAL SCAMMER.

As I’ve said for the past year, infringement claims are out of control on Amazon.

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Seller_UPCBULEgulvk5
In reply to: Seller_M4SJe4WOqHwsV's post

After reading through it looks like you just have to deal with this. It is great that you can get the product back up quickly, but I would expect to only sell half of the time moving forward. That is horrible though, sorry! Hope Amazon can take control of these false infringement claims in the near future, but unlikely

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Seller_bokYYfFYmbXrC
In reply to: Seller_M4SJe4WOqHwsV's post

Are they using the same account or a new account every time? is it s patent claim or trademark claim? if is a patent then file a patent neutral evaluation, if is a trademark then talk to brand management team, there me be a chance to gate your item.

You can be proactive and file a claim against them first since copying your listing but not your product is counterfeit.

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Seller_mFUNUCCYB0cok
In reply to: Seller_M4SJe4WOqHwsV's post

Once again, you can thank the Chinese for causing you problems. Allowing the Chinese to takeover Amazon is the biggest mistake ever made!

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